CONTRACTS--MUTUAL ASSENT--EFFECT OF INSANITY

Defendant listed a hotel with plaintiff, a broker, who procured a purchaser. Defendant refused to sell and pleaded insanity in defense to an action for a commission. The jury was charged to hold for defendant if it found defendant mentally incapable of entering into the contract. On appeal from a judgment for defendant, held, the instruction was erroneous. The unadjudicated insanity of one of the parties is not sufficient reason for setting a contract aside where the executed contract was made in good faith, for a fair consideration, and without notice of infirmity, and if the parties cannot be restored to their original positions. Perper v. Edell, (Fla. 1948) 35 s: (2d) 387

TRADE REGULATIONS-DECEPTIVE PRACTICES

Petitioner, an importer, distributed catalogs among some 25,000 retailers describing his porcelain line as follows: IMPORTED Hand Decorated \u27Du Barry\u27 Porcelain, and \u27Du BARRY\u27 Porcelain table lamps are nationally famous as reproductions of rare, original French and English \u27old pieces.\u27 The Federal Trade Commission found that the advertising impliedly represented that the origin was French or British, whereas the products were made in Japan. A cease and desist order was issued prohibiting use of the legend, Imported-Du Barry,\u27\u27 or any other legend suggesting French origin, without clearly disclosing the fact of import from Japan. Held, affirmed. The order did not deprive petitioner of the use of its trade-mark Du Barry. Edward P. Paul & Co., Inc. v. Federal Trade Commission, (App. D.C., 1948) 169 F. (2d) 294

TRADE REGULATION-STATE FAIR TRADE ACTS AND SUPPLEMENTARY FEDERAL LEGISLATION

The state Fair Trade Acts and the federal Miller-Tydings Act were enacted for the avowed purpose of exempting vertical price fixing contracts from the federal and state anti-trust laws. This legislation followed several court decisions which had declared resale price maintenance agreements unlawful trade restraints. The first Fair Trade Act was enacted by California in 1931, and by 1941 all but four jurisdictions had passed similar legislation. In 1936, the United States Supreme Court upheld the constitutionality of the California and Illinois acts on the broadest of grounds; and while the Miller-Tydings Act has not been passed upon, its constitutionality appears certain. With a few individual state exceptions, no recent constitutional questions have been posed. The purpose of this comment is to discuss generally the application, enforcement, defenses and remedies of the various acts. The economic validity of the statutes, while certainly debatable, is not within the scope of the present discussion

TAXATION--INCOME TAX--FAMILY PARTNERSHIPS--APPLICATION OF THE TOWER-LUSTHAUS DOCTRINE

Respondent and his four sons formed a partnership in 1939. The sons contributed cattle and property purchased from respondent who accepted their notes in return. Subsequently, part of the notes were forgiven and part paid from shares of the firm proceeds. A firm bank account was opened on which all members could draw. It was planned that all the sons would render substantial services to the partnership. However, the plan was disrupted when the two eldest were called to military duty, and the two minor sons continued their education. A partnership return was filed for 1940. The Commissioner determined a deficiency against the respondent, which the Tax Court upheld on authority of the Tower and Lusthaus cases. The circuit court of appeals reversed, holding that the vital services required by the Tower Lusthaus doctrine could be contributed presently or at a contemplated future time. On appeal, held, reversed. The intention to contribute capital or services sometime in the future is insufficient to establish a partnership for tax purposes. In addition, the Tax Court having erroneously applied an objective standard test not justified by the Tower and Lusthaus decisions, the case is remanded to it for a determination in accordance with this opinion. Commissioner v. Culbertson, 335 U.S. 883, 69 S.Ct. 1210 (1949)

APPEAL AND ERROR-UNION OF LAW AND EQUITY-APPEALABILITY OF ORDER DENYING DEMAND FOR JURY TRIAL

Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant\u27s appeal. On certiorari, held, affirmed. Not being a final decision, the order denying the motion is appealable, if at all, only as an interlocutory decree granting or refusing an injunction under §129 of the Judicial Code. But §129 is not applicable because the denial of a demand for jury trial is simply a determination as to the manner in which the court will try one issue in a civil action pending before it. City of Morgantown, West Virginia v. Royal Insurance Co. Ltd., 337 U.S. 254, 69 S.Ct. 1067 (1949)

Accounting for established predictors with the multistep elastic net

Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/151898/1/sim8313.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/151898/2/sim8313_am.pd

Shrinkage Priors for Isotonic Probability Vectors and Binary Data Modeling

This paper outlines a new class of shrinkage priors for Bayesian isotonic regression modeling a binary outcome against a predictor, where the probability of the outcome is assumed to be monotonically non-decreasing with the predictor. The predictor is categorized into a large number of groups, and the set of differences between outcome probabilities in consecutive categories is equipped with a multivariate prior having support over the set of simplexes. The Dirichlet distribution, which can be derived from a normalized cumulative sum of gamma-distributed random variables, is a natural choice of prior, but using mathematical and simulation-based arguments, we show that the resulting posterior can be numerically unstable, even under simple data configurations. We propose an alternative prior motivated by horseshoe-type shrinkage that is numerically more stable. We show that this horseshoe-based prior is not subject to the numerical instability seen in the Dirichlet/gamma-based prior and that the posterior can estimate the underlying true curve more efficiently than the Dirichlet distribution. We demonstrate the use of this prior in a model predicting the occurrence of radiation-induced lung toxicity in lung cancer patients as a function of dose delivered to normal lung tissue

Mirror effect induced by the dilaton field on the Hawking radiation

We discuss the string creation in the near-extremal NS1 black string solution. The string creation is described by an effective field equation derived from a fundamental string action coupled to the dilaton field in a conformally invariant manner. In the non-critical string model the dilaton field causes a timelike mirror surface outside the horizon when the size of the black string is comparable to the Planck scale. Since the fundamental strings are reflected by the mirror surface, the negative energy flux does not propagate across the surface. This means that the evaporation stops just before the naked singularity of the extremal black string appears even though the surface gravity is non-zero in the extremal limit.Comment: 15 page

Co-creation of an online portal for dialysis patients with low eHealth literacy : effect on adoption

IntroductionThe use of information and communication technology in health care, also called eHealth, is an important strategy to create sustainable health care organizations. EHealth can support patients’ self-management, for example with patient portals or smart technology to monitor health. Improved self-management can abate the growing care demand, caused by an ageing population.Patients with low eHealth literacy (LeHL) miss competences to seek, find, understand and appraise health information from electronic resources. They are less equipped to adopt eHealth. To overcome disadvantages, it is important to develop interventions that improve access to and use of eHealth for this group of patients. Co-creation with patients is important to tailor interventions to their needs.This study focuses on dialysis patients with LeHL. Self-management is a major, but challenging component of their treatment. EHealth can support self-management, but low Internet use in patients with kidney disease may limit effectiveness. Less than 1% of existing self-management interventions is co-created, which also seems to reduce effectiveness. This research aims to 1) explore the eHealth experiences, needs and barriers of dialysis patients with LeHL, 2) discuss eHealth support strategies for this group with health care professionals and 3) assess the impact of co-designed interventions on eHealth adoption and usability.MethodsTo explore eHealth experiences, needs and barriers (Aim 1), we performed two focus group discussions (FGD) (N=3) and in-depth interviews (N=4) with patients with LeHL from two dialysis centers in the Northeastern part of the Netherlands. We assessed eHealth literacy with the eHeals questionnaire. We transcribed and analyzed the data, using the Technology Acceptance Model. The major themes were the starting point for the development of an eHealth intervention. To discuss eHealth support strategies (Aim 2), we consulted the multidisciplinary team during interviews (N=5) and a workgroup meeting (N=6). We discussed the LeHL patients’ experiences, needs and barriers and brainstormed about support strategies. The professionals’ input led to the design and content of the first prototype of the eHealth intervention.To analyze the impact of co-designed interventions (Aim 3) we tested three prototypes, following the principles of design thinking. We tested in four dialysis centers in the same region with 6-8 weeks in-between (N=40). Each prototype was tested by a control group with high (N=7-12) and target group with low (N=6-8) eHealth literacy. Patients were classified as LeHL by asking them about computer use and with a shortened form of the eHeals. Some participants tested all prototypes to reflect on improvements. Half of the approached re-testers with LeHL (N=4) were lost at follow-up. They were not motivated for a second test. All groups navigated the prototypes, following a scenario. A computer program measured navigation behavior. Talking-out-loud was used to assess perceived usability and satisfaction. An eHealth adoption questionnaire was used to validate results. Analyzed data were used to re-design each following prototype.Results Characteristics LeHL patients had a mean age of 70 and all followed low or middle education. They visited in center dialysis three times a week. The health care professionals were a good representation of the multidisciplinary team. eHealth experiences, needs and barriersMain barriers for eHealth adoption were a lack of computer knowledge, skills and experience. Participants also reported resistance against digitalization, because they believe it reduces personal contact and impacts quality of life, for example when shops close. Fear for privacy issues and errors played a role in the intention to adopt eHealth. High-frequent contact with professionals further diminishes the need for eHealth. Patients reported that an easy design and support of others are important facilitators. Main content needs are information on lab values, diet and medication.Finding an eHealth strategyProfessionals validated the suggested content by the patients. They suggested an easy-to-use prototype patient portal, with a personal patient story and realistic medical information, to support patients with LeHL. During use, patients should get hints and rewards to heighten entertainment. Co-development and analysisPatients with LeHL believed the content of the first prototype was useful, but too difficult. The computer program showed that patients lack basal skills to navigate. They struggled to open videos and read written content due to language barriers or impatience. The questionnaires showed a trend that patients with LeHL were more negative about their skills and knowledge after use. In the second prototype information was simplified and personalized. The design was enriched with colors and symbols. LeHL patients showed improved navigation and expressed higher satisfaction with the design and comprehensibility, especially of the lab values. Questionnaires showed that participants were, after use, more positive about usefulness and their competences. Although, LeHL patients were not always convinced about the need to use eHealth in the future. The analyzed results of the third prototype are expected in one month.Conclusions and discussionMany dialysis patients are low eHealth literate. They miss competences to adopt eHealth and have negative thoughts about digitalization. If possible, they prefer face-to-face support. Co-creation helps to develop comprehensible and easy-to use eHealth solutions for patients with LeHL, which can increase belief in personal competences. Health care organizations should improve support of patients with LeHL in an evolving digital world. Developers should improve the usability of patient portals, since this can facilitate eHealth adoption by empowering the patients’ belief in personal competences. Face-to-face contact offers another possible strategy. When professionals succeed to explain benefits and incorporate eHealth in consultations, patients are more willing to use it. Organizations should also reach out to the patients’ relatives, since they often support Internet use. This research also indicates the importance of co-creation. The first prototype led to a negative experience and a reduced belief in personal competences. The loss-to-follow-up in the group with LeHL illustrates that non-tailored eHealth solutions can cause a direct loss of users. Co-creation and the relation to adoption needs further research and implementation in eHealth development.<br/